The New York Times
December 21, 2004
Judge Strikes Down Limit on Poverty Lawyers' Cases
By WILLIAM GLABERSON
A federal judge in Brooklyn yesterday struck down a controversial restriction on federally financed lawyers for the poor in the latest chapter of a decade-long battle over curbs on them.
The rule involved in yesterday's decision dates from Newt Gingrich's tenure as speaker of the House of Representatives in the mid-1990's. It was one of a series of measures aimed at reining in poverty lawyers, whose critics claimed they used lawsuits to tie in knots the same federal government that paid their salaries.
The decision by Judge Frederic Block of United States District Court struck down a federal agency's rule that declared that federally financed poverty law programs that used money from other sources to handle certain types of cases barred by Congress had to maintain a separate office to do so.
Judge Block said the rule violated the free-speech guarantee of the First Amendment. "There is simply no legitimate justification for requiring duplication of costs," Judge Block wrote.
Under a 1996 law, federally financed poverty law offices were barred, for example, from representing prisoners, or handling class-action suits and many types of cases involving immigrants. They were also barred from challenging the 1996 national welfare reform legislation.
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http://www.nytimes.com/2004/12/21/nyregion/21lawyer.html